[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88050-88052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27892]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-815]


Finished Carbon Steel Flanges From Spain: Final Results of 
Antidumping Duty Administrative Review; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
ULMA Forja, S.Coop (ULMA) and companies not selected for individual 
examination made sales of finished carbon steel flanges (flanges) from 
Spain in the United States at less than normal value (NV) during the 
period of review (POR) June 1, 2021, through May 31, 2022.

DATES: Applicable December 20, 2023.

FOR FURTHER INFORMATION CONTACT: Carolyn Adie or Mark Flessner, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6250 or (202) 482-6312, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 7, 2023, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ In

[[Page 88051]]

September 2023, Commerce conducted on-site verification of ULMA's sales 
information.\2\ On October 12, 2023, Commerce extended the deadline for 
these final results of review to January 3, 2023.\3\ On November 24, 
2023, ULMA, the sole mandatory respondent for this review,\4\ submitted 
its case brief.\5\ No other interested party filed a case or rebuttal 
brief. As the comments submitted in ULMA's case brief are addressed 
herein, there is no Issues and Decision Memorandum accompanying this 
notice. These final results cover eight companies for which an 
administrative review was initiated and not rescinded. Commerce 
conducted this review in accordance with section 751(a)(1)(B) of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See Finished Carbon Steel Flanges from Spain: Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR 
43307 (July 7, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Verification of the Sales Response of ULMA 
Forja, S. Coop in the Antidumping Review of Finished Carbon Steel 
Flanges from Spain,'' dated November 16, 2023 (Verification Report).
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review, 2021-2022,'' dated October 
12, 2023.
    \4\ See Preliminary Results, 88 FR at 43307.
    \5\ See ULMA's Letter, ``ULMA Forja, S. Coop's Case Brief, POR 
5,'' dated November 24, 2023 (ULMA Case Brief).
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Scope of the Order <SUP>6</SUP>
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    \6\ See Finished Carbon Steel Flanges from Spain: Antidumping 
Duty Order, 82 FR 27229 (June 14, 2017) (Order).
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    The scope of this Order covers finished carbon steel flanges. 
Finished carbon steel flanges differ from unfinished carbon steel 
flanges (also known as carbon steel flange forgings) in that they have 
undergone further processing after forging, including, but not limited 
to, beveling, bore threading, center or step boring, face machining, 
taper boring, machining ends or surfaces, drilling bolt holes, and/or 
de-burring or shot blasting. Any one of these post-forging processes 
suffices to render the forging into a finished carbon steel flange for 
purposes of this Order. However, mere heat treatment of a carbon steel 
flange forging (without any other further processing after forging) 
does not render the forging into a finished carbon steel flange for 
purposes of this Order.
    While these finished carbon steel flanges are generally 
manufactured to specification ASME B16.5 or ASME B16.47 series A or 
series B, the scope is not limited to flanges produced under those 
specifications. All types of finished carbon steel flanges are included 
in the scope regardless of pipe size (which may or may not be expressed 
in inches of nominal pipe size), pressure class (usually, but not 
necessarily, expressed in pounds of pressure, e.g., 150, 300, 400, 600, 
900, 1,500, 2,500, etc.), type of face (e.g., flat face, full face, 
raised face, etc.), configuration (e.g., weld neck, slip on, socket 
weld, lap joint, threaded, etc.), wall thickness (usually, but not 
necessarily, expressed in inches), normalization, or whether or not 
heat treated. These carbon steel flanges either meet or exceed the 
requirements of the ASTM A105, ASTM A694, ASTM A181, ASTM A350 and ASTM 
A707 standards (or comparable foreign specifications). The scope 
includes any flanges produced to the above-referenced ASTM standards as 
currently stated or as may be amended. The term ``carbon steel'' under 
this scope is steel in which:
    (a) iron predominates, by weight, over each of the other contained 
elements:
    (b) the carbon content is 2 percent or less, by weight; and
    (c) none of the elements listed below exceeds the quantity, by 
weight, as indicated:
    (i) 0.87 percent of aluminum;
    (ii) 0.0105 percent of boron;
    (iii) 10.10 percent of chromium;
    (iv) 1.55 percent of columbium;
    (v) 3.10 percent of copper;
    (vi) 0.38 percent of lead;
    (vii) 3.04 percent of manganese;
    (viii) 2.05 percent of molybdenum;
    (ix) 20.15 percent of nickel;
    (x) 1.55 percent of niobium;
    (xi) 0.20 percent of nitrogen;
    (xii) 0.21 percent of phosphorus;
    (xiii) 3.10 percent of silicon;
    (xiv) 0.21 percent of sulfur;
    (xv) 1.05 percent of titanium;
    (xvi) 4.06 percent of tungsten;
    (xvii) 0.53 percent of vanadium; or
    (xviii) 0.015 percent of zirconium.
    Finished carbon steel flanges are currently classified under 
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff 
Schedule of the United States (HTSUS). They may also be entered under 
HTSUS subheadings 7307.91.5030 and 7307.91.5070. The HTSUS subheadings 
are provided for convenience and customs purposes; the written 
description of the scope is dispositive.

Verification

    As provided in section 782(i) of the Act, from September 11 through 
15, 2023, we conducted verification of the sales information submitted 
by ULMA for use in these final results. We used standard verification 
procedures, including an examination of relevant sales and accounting 
records, and original source documents provided by ULMA.\7\
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    \7\ Verification Report.
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Changes Since the Preliminary Results and Analysis of Comments Received

    Based on our analysis of the comments received, we made one change 
to the preliminary weighted-average margin calculations for ULMA and 
the non-examined companies. In its case brief, ULMA argued that we 
should rely on the databases that ULMA submitted, at Commerce's 
request, following verification.\8\ We are incorporating into these 
final results the relevant databases, which reflect changes based on 
the minor corrections ULMA submitted at verification.\9\ For additional 
details, see the Final Analysis Memorandum.\10\
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    \8\ See ULMA Case Brief at 1-2.
    \9\ See Verification Report at 2-3.
    \10\ See Memorandum, ``Analysis of Data Submitted by ULMA Forja 
S. Coop. for Final Results of Antidumping Duty Administrative 
Review; 2021-2022,'' dated concurrently with, and hereby adopted by, 
this notice (Final Analysis Memorandum).
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Non-Individually Examined Companies

    For guidance when calculating the rate for non-selected 
respondents, i.e., non-individually-examined companies, in an 
administrative review, generally, Commerce looks to section 735(c)(5) 
of the Act, which provides instructions for calculating the all-others 
rate in a market economy investigation. Under section 735(c)(5)(A) of 
the Act, the all-others rate is normally ``an amount equal to the 
weighted-average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero or de minimis margins, and any margins determined 
entirely {on the basis of facts available{time} .'' We calculated a 
margin for ULMA that was not zero, de minimis, or based on facts 
available. Accordingly, we have applied the margin calculated for ULMA 
to the non-individually examined respondents.

Final Results of Administrative Review

    For these final results, we determine that the following weighted-
average dumping margins exist for the period June 1, 2021, through May 
31, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
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ULMA Forja, S. Coop.....................................            3.93
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           Review-Specific Rate for the Non-Selected Companies
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Aleaciones De Metales Sinterizados S.A..................            3.93
Central Y Almacenes.....................................            3.93

[[Page 88052]]

 
Farina Group Spain......................................            3.93
Friedrich Geldbach Gmbh.................................            3.93
Grupo Cunado............................................            3.93
Transglory S.A..........................................            3.93
Tubacero, S.L...........................................            3.93
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to interested parties 
within five days of the date of publication of this notice in the 
Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Commerce shall determine and U.S. Customs and Border Protection 
(CBP) shall assess antidumping duties on all appropriate entries of 
subject merchandise in accordance with the final results of this review 
pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). For 
ULMA, we calculated importer-specific assessment rates on the basis of 
the ratio of the total amount of dumping calculated for each importer's 
examined sales and the total entered value of those sales in accordance 
with 19 CFR 351.212(b)(1). Where an importer-specific assessment rate 
is de minimis (i.e., less than 0.5 percent), the entries by that 
importer will be liquidated without regard to antidumping duties. For 
entries of subject merchandise during the POR produced by ULMA for 
which it did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate in the original less-than-fair-value (LTFV) 
investigation \11\ if there is no rate for the intermediate 
company(ies) involved in the transaction.\12\ For the companies 
identified above that were not selected for individual examination, we 
will instruct CBP to liquidate entries of subject merchandise during 
the POR at the rates established in these final results of review as 
listed above.
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    \11\ See Order, 82 FR at 27230.
    \12\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of this notice for all 
shipments of flanges from Spain entered, or withdrawn from warehouse, 
for consumption on or after the date of publication as provided by 
section 751(a)(2) of the Act: (1) the cash deposit rate for the 
companies subject to this review will be equal to the company-specific 
weighted-average dumping margin established in the final results of the 
review; (2) for merchandise exported by producers or exporters not 
covered in this review but covered in a prior completed segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the producer has been 
covered in a prior completed segment of this proceeding, then the cash 
deposit rate will be the rate established in the completed segment for 
the most recent period for the producer of the merchandise; (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 18.81 percent, the all-others rate established in the LTFV 
investigation of this proceeding.\13\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \13\ See Order, 82 FR at 27230.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction or return of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the destruction or 
return of APO materials or conversion to judicial protective order is 
hereby requested. Failure to comply with the regulations and terms of 
an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: December 13, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-27892 Filed 12-19-23; 8:45 am]
BILLING CODE 3510-DS-P